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When is a business owner liable for a slip and fall?

On Behalf of | Oct 29, 2021 | Slip-and-Fall Accidents

A fall can result in a severe injury, especially when the fall involves an older adult. Because of this, people who fall in a business’ property can sue the owner if their irresponsibility led to the accident. By filing a suit, the injured person can recover their medical expenses and lost wages, as well as get compensation for the pain and suffering they had to go through.

Proving negligence

Some accidents can happen without a person having any fault. But if the owner did something irresponsible, and a customer gets an injury because of this, the customer can sue for damages. A customer can only sue for damages if they can prove that:

  • The owner knew or should have known of a dangerous condition
  • The owner did nothing to fix that dangerous condition or to prevent their customers from getting hurt
  • The owner did not warn the customers about the dangerous condition
  • The owner’s negligence caused the customer’s injury

The customer can sue the owner for damages if they were negligent somehow and their negligence led to their injuries. For example, if the owner knew about a torn carpet, broken railing or defective stairs and did not fix the problem.

Time limits

If you ever slip and fall because of someone else’s irresponsibility, you can sue the property owner to get compensation for your injury. You have a maximum of two years after the accident to do this. If you do it later, you won’t receive your rightful compensation.

Comparative negligence

You must know that the court can reduce the amount of your compensation if they find that you had some fault for the accident as well. The reduction of the compensation will be according to your percentage of fault in the fall. You would be partly at fault if the owner had put up a sign indicating the danger or if you were distracted when the fall occurred (looking at your phone, for example). If you were more than 50% at fault for the accident, you may not receive compensation for your injury.

Your right as a customer

You have the right to ask the owner for compensation if you got hurt on their property. If the legal claim is successful, you’ll receive compensation for all the medical costs and lost wages related to your injury. Also, you may receive compensation for your pain and suffering.  This is your right as a customer, and you can fight it in court.